ASARCO LLC v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, CLC
Arbitration ERISA LaborRelations Privacy JusticiabilityDoctri
Whether an arbitrator can reform a collective bargaining agreement by adding language despite a contractual provision prohibiting the arbitrator from adding to or altering the agreement
QUESTIONS PRESENTED 1. Whether a collective bargaining agreement (“CBA”) that expressly states “[t]he arbitrator shall not have jurisdiction or authority to add to, detract from or alter in any way the provisions of this Agreement” prohibits the arbitrator from reforming the CBA by adding language to it? 2. Can a party bring to an arbitrator’s attention express contractual limits on his authority without waiving its objections that the arbitrator exceeded his authority by ignoring those agreed-upon limits?